Carhart v. Stenberg’s Empirical Analysis

Citation profile

5 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Prior to the procedure a pelvic examination is done to determine the size and position of the uterus. A speculum is used to visualize the cervix, a local anesthetic such as a paracervical block is administered, and the cervix is then dilated using rigid dilators (e.g., the Pratt dilator). Osmotic dilators may be used prior to the procedure. Once the cervix is sufficiently dilated, a suction tube is inserted and rotated inside the uterus to loosen and remove the contents. The suction tube may be attached to a suction machine or syringe. A curette may be used to scrape the endometrium, thereby ensuring the removal of any remaining tissue. These procedures are typically performed on an outpatient basis.”

   1 later decision quote this exact passage · from the majority
   e.g. 11 F. Supp. 2d 1099 - Carhart v. Stenberg

2. “Partial-birth abortion means an abortion procedure in which the person performing the abortion partially delivers vaginally a living unborn child before killing the unborn child and completing the delivery. For purposes of this subdivision, the term partially delivers vaginally a living unborn child before killing the unborn child means deliberately and intentionally delivering into the vagina a living unborn child, or a substantial portion thereof, for the purpose of performing a procedure that the person performing such procedure knows will kill the unborn child and does kill the unborn child.”

   1 later decision quote this exact passage · from the majority
   e.g. 11 F. Supp. 2d 1099 - Carhart v. Stenberg

3. “We know three things with certainty. We know the turmoil the abortion controversy causes the citizens [of our state]. We also know as unelected judges that we are not “free to invalidate state policy choices with which we disagree.” Casey, 505 U.S. at 849 , 112 S.Ct. at 2806 . Finally, and despite the first two points, we know we are not free to “shrink from the duties of our office.” Id. To this end, we have ruled as we believe the law, interpreted by the Supreme Court, requires — nothing less and nothing more.”

   1 later decision quote this exact passage · from the majority
   e.g. 1 F. Supp. 2d 958 - Planned Parenthood of Greater Iowa, Inc. v. Miller